The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. Article 250(3) and (2) of the Act on Election of Public Officials is not Article 250(2) but Article 250(3) of the same Act to the Defendant’s act, as it was in the process of recommending candidates of E political parties and soliciting in the party competition at the time of posting the Defendant’s writing on the facts charged (hereinafter “instant notice”).

B. At the time of posting the instant notice, the Defendant did not aim to prevent H from being elected in the election of the 20th National Assembly members.

(c)

The defendant did not have any awareness of the falsity of the notice of this case, and there was a considerable reason to believe that it was true.

2. Determination

A. In the trial of the court below, the prosecutor applied for the amendment of the indictment to the effect that “Article 250(3) and Article 250(2) of the Public Official Election Act” was changed to “Article 250(2) of the Public Official Election Act,” and the judgment of the court below which found the Defendant guilty of the previous charges cannot be maintained as it is, since the judgment of the court below was changed to the subject of adjudication by permitting it.

Nevertheless, the defendant 1-C.

The argument is still subject to the judgment of the party, and is examined in the below.

A. and B. Each of the arguments is premised on the facts charged prior to the alteration, and the defendant and his defense counsel also provide 1-C as to the altered facts charged.

B. As to the Defendant’s assertion, the crime of publishing false facts under Article 250(2) of the Act on the Election of Public Officials is a requirement to constitute a false fact, the actor should be aware that it is a false fact, and such subjective perception is based on such subjective perception.